Research On Differential Mode Of Association Of Traditional And Illumination

The traditional society of China is ruled by rite, which core is that loving your parents and respecting your leaders. The traditional society is divided into a differential mode of association in two aspects, one within clan and another in society. The former differential mode of association takes blood relationship and generation difference as its standard. The same behavior with people closing to you or not may be lead to different consequences. Sometime you will be punished more severely, but sometime you will get an exemption. The latter differential mode of association takes title of nobility and the position in government as standard. People with title or high official will get special protection by law. This discrimination is derive from rite in Zhou dynasty, and combined with law after propagating and transformation by Confucianism.This article considers that differential mode of association is based on feudalism, the "nine squares" system and patriarchy in Zhou dynasty. The theory of humanity proposed by Confucius explored intrinsic value of rite greatly, as well as found the connection between rite and blood relationship. Hsun-Tzu confirmed the value of rite at an institutional level. The differential mode of association embodies in legislation, litigation, and application of law. On one hand, it makes officials mitigated or exempted from punishment; on the other hand, it contains aggravating and immunities of the penalty depending on the blood-relationship between crime and victim. This article believes that Zhou dynasty is based on feudalism, and the emperor gives land and title to his relatives. They are all families. So the emperor tolerates his relatives out of his loving. At that time, respecting your leader is more like the extending of loving your families. But when the county system replaced feudalism, it is hard to say why we allow the privilege of high officials. The evaluation of differential mode of association should distinguish at two levels. We should be on guard against entitlement, and the law should not give up the emphasis on ethics. At last but not least, different treatments are different from unfair. The key lies in the division if the standard is reasonable.